Naomi Mares

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 74-storey mixed-use building.

The Tribunal directed the parties to submit a Draft Procedural Order and Issues List, and scheduled a 9-day merit hearing to commence in April 2024.

The applicant appealed the City of Toronto Committee of Adjustment's refusal of minor variances and the City's failure to make a decision on a site plan application for a 15-storey mixed-use building.

The parties reached a settlement prior to the hearing.

The Tribunal heard uncontroverted expert planning evidence that the revised proposal and requested variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals, authorized the minor variances subject to conditions, and approved the site plan in principle.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment and draft plan of subdivision, as well as the City's passage of a heritage designation by-law for the subject lands.

At a Case Management Conference, the Tribunal granted participant status to a condominium corporation on consent.

The Tribunal deferred a neighbourhood association's request for party status on the heritage appeal to allow for further information to be provided.

A further Case Management Conference was scheduled to address potential settlements, consolidation of the appeals, and procedural matters.

The Tribunal issued an amending decision pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure to correct a technical error in a previous decision.

The amendment corrected the name of the Applicant in the Title of Proceedings and the Appearances section, and updated the introductory paragraph to reflect the correct Applicant's name.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for an appeal concerning a proposed Official Plan Amendment and Zoning By-law Amendment to permit a vacation rental unit in the City of Niagara Falls.

The order sets out the hearing dates, the list of parties and participants, the issues list, and the schedule for the exchange of witness statements and other evidence.

This was the first Case Management Conference regarding appeals by multiple developers against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal granted participant status to the Learning Enrichment Foundation.

The parties agreed that the matter would benefit from Tribunal-led mediation, and a second Case Management Conference was scheduled for June 2023.

The Ontario Land Tribunal held a Case Management Conference and issued a procedural order regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements, scheduled a further Case Management Conference for the remaining Official Plan appeals, and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements and refine remaining issues.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals of the City of Vaughan's Official Plan, Zoning By-law Amendments, and Plans of Subdivision.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

A further Case Management Conference was scheduled for the remaining 2010 Vaughan Official Plan appeals.

The Tribunal also approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals, scheduling a potential Phase 2 hearing depending on the outcome of Phase 1.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific development applications.

The Tribunal scheduled further hearing dates, established procedural directions for the exchange of materials, and set out an altered hearing plan for specific appeals.

The Ontario Land Tribunal held a case management conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific zoning and subdivision applications.

The Tribunal adjourned the Phase 3 hearing on consent to allow parties to finalize settlements and scheduled a further hearing for March 2023.

Additional dates were set for the remaining Vaughan Official Plan appeals and the Solmar Inc./Eastwood Holdings Corp. appeals, with directions provided for video hearing participation.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and agreed to an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

This was the first Case Management Conference regarding an appeal by 120 Metcalfe JV against the Town of Aurora's failure to make a decision on Official Plan and Zoning By-law amendment applications for an 8-storey mixed-use building.

The Tribunal granted party status to 2601622 Ontario Inc. on consent, noting its similar appeal for a nearby property.

The Tribunal also approved the draft Procedural Order and scheduled a seven-day video hearing to commence on January 15, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment and site plan application for a 19-storey mixed-use building.

The Tribunal granted party status to several residents' associations and a condominium corporation, and participant status to the Toronto Lands Corporation.

A 10-day hearing and a further 1-day CMC were scheduled, and the parties were directed to submit a draft Procedural Order.

The applicant appealed the Town of Oakville Committee of Adjustment's refusal of minor variances required to construct a new two-storey detached dwelling and pool cabana on a lakefront lot.

Following a settlement, the applicant presented revised variances with reduced height, depth, and floor area ratio.

Relying on uncontradicted expert planning evidence, the Tribunal found the revised variances met the four tests under s. 45(1) of the Planning Act, as the proposed dwelling was compatible with the surrounding neighbourhood and would not create adverse impacts.

The appeal was allowed and the variances were authorized.

The Kingston Home Builders Association appealed the City of Kingston's Comprehensive Zoning By-law No. 2022-62, specifically challenging minimum density provisions and maximum bedroom limits.

Prior to the hearing, the parties reached a settlement to reduce minimum densities in certain exception zones to better align with the prevailing neighbourhood character and secondary plan permissions.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and the Planning Act, allowed the appeal, and amended the zoning by-law accordingly.

The City of Kingston and the Kingston Home Builders Association brought motions to confirm that Official Plan Amendment No. 82 and Zoning By-law No. 2022-62 came into effect on their respective statutory dates, save for specific provisions and properties subject to site-specific appeals.

The Tribunal accepted the uncontested planning evidence and ordered that the instruments are in full force and effect, with the specified exceptions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision.

The Tribunal granted party status to an adjacent landowner, a neighbourhood association, and a condominium corporation, and granted participant status to 21 individuals.

The Tribunal scheduled a second Case Management Conference for January 2023 and a nine-day hearing for October 2023, and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding 46 appeals of the City of Toronto's Official Plan Amendment No. 536, which relates to development within the area of influence of rail facilities.

The Tribunal granted party status to seven entities, noted the withdrawal of two appeals in favour of party status, and established a procedural timeline for the submission of consolidated and site-specific issues lists.

A second Case Management Conference was scheduled for December 1, 2022.

The City of Niagara Falls brought a motion to dismiss two appeals of a Zoning By-law Amendment (ZBA) intended to implement the Transit Station Secondary Plan.

One appellant brought a cross-motion to dismiss the City's motion, alleging perjury by a City planner.

The Tribunal dismissed the cross-motion as being outside its jurisdiction and advanced for delay.

The Tribunal granted the City's motion and dismissed both appeals without a hearing under s. 34(25) of the Planning Act, finding that neither appeal raised genuine land use planning grounds, both were based on personal apprehensions rather than expert evidence, and neither had a reasonable prospect of success.